Legitimação e eficácia impeditiva da sentença acolhedora de súmula de Tribunal Superior

Abstract

Under the fundamentation of decreasing the existent barriers of access to justice, and to apply the constitutional principle of the reasonable process duration, reforms are being made to the Civil Process Code (Código de Processo Civil), being this instrument of great relevance for the operators of law and the common citizen, since it governs the processual relationships in the judiciary scope. Such reforms strengthened the control accomplished by STF and STJ enormously. In these alterations were inserted § 1st of art. 518 of the CPC, making it possible for the first degree judge not to receive the appeal resource when his decision is in agreement with the STJ and the STF compendiums. Such device can bring several juridical consequences and advantages to the judiciary that will save time and such precious financial and human resources in the judiciary system, as well as for the citizen that will have preserved the processual guaranties of the due legal process, action right and defense, who will have previsibility of the degree of his right before the uniformization, as well as participating in a process governed with basis in the principles of equality, juridical safety, reasonable duration of the process. Thus, this work confirmed the supposition that such juridical consequences brought by the application of the 1st§ of art. 518 of the CPC, known as an impeditive compendium resource, impeditive sentence resource, or still "impeditive effectiveness resource´, legitimate to the adoption of the device in the light of the constitutional principles. The research was of the descriptive type with qualitative inclination for the upraising of data obtained through interviews with judges, chief judges, Ministers of STJ and STF, which made known the development of the ´power to decide´ process, as well as verified the understanding of these magistrates on the consequences that the compendium that gives the bases to the sentence which effect is to impede the resource, on the imposition in the citizen's life, partly in the processual relation, before the principles constitutionally guaranteed.